The Legal Definition of “Harassment” in Massachusetts Schools

Harassment in Massachusetts schools is a serious issue that affects students' safety and well-being. Understanding the legal definition of harassment is crucial for students, parents, and educators alike. In Massachusetts, harassment is generally defined under both state laws and school district policies, which provide a framework for identifying and addressing such behaviors.

According to Massachusetts General Laws, Chapter 71, Section 37H, harassment can be defined as any physical or verbal conduct that creates a hostile environment. This includes actions such as bullying, intimidation, and other forms of aggressive behavior that aim to hurt, humiliate, or intimidate another individual.

Moreover, the state has laws that encompass specific types of harassment, including sexual harassment. The legal definition of sexual harassment in schools includes unwanted sexual advances, requests for sexual favors, or any other verbal or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive environment. Massachusetts law mandates schools to take immediate and appropriate action to investigate and address any claims of sexual harassment.

In addition to state laws, Massachusetts public schools are required to follow the Massachusetts Anti-Bullying Law, enacted in 2010. This law defines bullying as “the repeated use of a written, verbal, or electronic expression, or a physical act or gesture, or any combination thereof, directed at a target that has the effect of causing physical or emotional harm.” This statute emphasizes the need for schools to implement policies that prevent harassment and bullying, investigate incidents thoroughly, and provide appropriate consequences for those who engage in such behaviors.

It is also essential to note that the legal definition of harassment can vary among school districts. Each district is required to develop a harassment policy that adheres to the state laws while also addressing the unique needs of its student population. These policies often include definitions of harassment, reporting procedures, and disciplinary actions for violators.

If a student is subjected to harassment, it is important for them to report the behavior to a teacher, school counselor, or administrator. Schools are legally obligated to address any claims of harassment and ensure that a safe learning environment is maintained for all students.

In conclusion, understanding the legal definition of harassment in Massachusetts schools can empower students and parents to take action against harmful behaviors. With proper knowledge of state laws and school policies, the community can work together to foster a safe and respectful educational environment.